138AIMeaning of substantive law

### 138AI Meaning of substantive law > [*\[Section 138AI of Part X Inserted by No. 65 of 2004, s. 32, Applied:17 Dec 2004\]*](/view/html/inforce/2004-12-17/act-2004-065#GS32@EN) In this Division – > > > ***a State's legislation about damages for a work-related injury*** means – > > > > > > (a) for this State, this Part and any other provision of this Act providing for the interpretation of anything in this Part; and > > > > > > > (b) for any other State, any provisions of a law of that State that is declared by the regulations to be the State's legislation about damages for a work-related injury; > > > ***substantive law*** includes – > > > > > > (a) a law that establishes, modifies or extinguishes a cause of action or a defence to a cause of action; and > > > > > > > (b) a law prescribing the time within which an action must be brought (including a law providing for the extension or abridgment of that time); and > > > > > > > (c) a law that provides for the limitation or exclusion of liability or the barring of a right of action if a proceeding on, or arbitration of, a claim is not commenced within a particular time limit; and > > > > > > > (d) a law that limits the kinds of injury, loss or damage for which damages or compensation may be recovered; and > > > > > > > (e) a law that precludes the recovery of damages or compensation or limits the amount of damages or compensation that can be recovered; and > > > > > > > (f) a law expressed as a presumption, or rule of evidence, that affects substantive rights; and > > > > > > > (g) a provision of a State's legislation about damages for a work-related injury, whether or not it would be otherwise regarded as procedural in nature – > > > > but does not include a law prescribing rules for choice of law.